HB3056 SD2 SSCR3503

STAND. COM. REP. NO. 3503

Honolulu, Hawaii

RE: H.B. No. 3056

H.D. 2

S.D. 2

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 3056, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO KAWAI NUI MARSH,"

begs leave to report as follows:

The purpose of this measure is to protect the economic, ecological, and cultural resources of Kawai Nui Marsh by transferring ownership of certain portions of the marsh from the City and County of Honolulu to the State of Hawaii.

Your Committee understands that both the City and County of Honolulu and the State of Hawaii own parcels of land that are part of the wetland ecosystem of Kawai Nui Marsh. This has caused the City and County of Honolulu and the State to dispute their respective management responsibilities of the marsh. This dispute has delayed restoration and rehabilitation of the marsh to the point where its continued ability to support native wildlife populations is in crisis.

Your Committee has amended this measure by:

(1) Deleting language from Act 314, Session Laws of Hawaii 1990 pertaining to the transfer of Kawai Nui Marsh, tax map key no. 4-2-16:1, lot 2-b, to avoid confusion about what is being conveyed to the State;

(2) Deleting provisions that would have granted the State an easement in perpetuity for parcels over which the State and the City and County of Honolulu have transfer disputes;

(3) Deleting the provision that would have granted the State a temporary easement over parcels that have not been transferred by September 1, 2006;

(4) Changing the appropriation to an unspecified amount to facilitate further discussion; and

(5) Making technical nonsubstantive amendments for the purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 3056, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 3056, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

		____________________________ BRIAN T. TANIGUCHI, Chair